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New Jersey Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: What is the penalty for shoplifting in bloomfeild under 500$

2C:20-11b(1)

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 23, 2024

Its the same penalty in Bloomfield as in any other court in Essex County or even the whole state; Up to 18 months in Jail, $10,000 fine. and 10 days community service assuming it is a first offense. The community service requirement increases if you have priors. That being said other penalties... View More

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: With the unborn child support act, is father of child required to pay this retroactively to me?

I have a child that is 2 years 8 months. I am not together with the father. He is on the birth certificate. He did not pay for any prenatal care or for the birth. At the time I was working and had insurance and he was not working as he was studying full time.

Richard Diamond
Richard Diamond
answered on Sep 21, 2024

As far as I am aware, the "Unborn Child Support Act" was introduced in 2022 as proposed federal legislation.

The bill never made it out of committee.

It was then reintroduced in 2024 and, as far as I understand, has not been approved by Congress.

Even still,...
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1 Answer | Asked in Family Law for New Jersey on
Q: How to best protect existing assets without a prenup?

If I'm getting married without a prenup in NJ and currently have multiple trading accounts with several million in assets across them, will those assets be considered pre-marital property and not subject to division if I do not contribute any new money to these accounts? Will using those... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

Do not even think of getting married without a prenuptial agreement. That would be the worst mistake you could possibly make. You need to retain an experienced matrimonial attorney who knows how to make an iron clad agreement. Pick the best attorney you can find and remember one rule: a good... View More

1 Answer | Asked in Personal Injury for New Jersey on
Q: Hello! Is there a way to get around the statue of limitations for asbestos cases?

My dad served in Vietnam from 1965-1969 and he was exposed to asbestos. He unfortunately died in 1996. He had a pending case, but died before he could receive lump sum compensation.

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

I'm sorry for the loss of your dad. This is something that your dad's original attorney could answer best, but you await a response for three weeks. These cases are different than most typical personal injury cases - they can involve funds set up for large numbers of anticipated... View More

1 Answer | Asked in Estate Planning for New Jersey on
Q: NO CURRENT WILL. I'M 68. MORTGAGE ABOUT $100K. SHOULD I DIE PRIOR TO WRITING, WILL THEY GO AFTER ANNUITY, STOCKS, ETC?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 8, 2024

It is possible under certain circumstances that a mortgage holder may go after your assets if for example you owe more on the mortgage than property mortgaged is worth and you or your heirs are in default. If you have a house that means you have assets and that means you should have a Will. Some... View More

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: 39:4-92

Cop only had lights on no sound and no emergency, just to give tickets i guess. I was driving behind numerous cars all who were going faster and did not move over as well. only i got stopped. what can i do. any points for this

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 7, 2024

Failure to yield to an emergency vehicle in NJ is a 2 point ticket with an up to $200.00 fine. If you want to get rid of the points, I would suggest a hiring a good lawyer. Just so you know the law, the law only requires the cop or other emergency vehicle to have its emergency lights on. No... View More

2 Answers | Asked in Medical Malpractice for New Jersey on
Q: My father was diagnosed with congestive heart failure and died about 6 months later. He wasn’t feeling well and went to

The hospital during Covid. The doctors refused to see him until he was cleared from having Covid. He died the first night he was there without seeing anyone. I feel as though he never had a chance to survive. Is there any legal action I can take?

Joel Gary Selik
Joel Gary Selik
answered on Sep 5, 2024

Malpractice is where the doctors act below the standard of care. Another doctor would have to evaluate the facts to determine if they acted below the standard of care.

Additionally, an attorney would have to determine if the amount of a potential recovery warrants a lawsuit considering the...
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2 Answers | Asked in Medical Malpractice for New Jersey on
Q: My father was diagnosed with congestive heart failure and died about 6 months later. He wasn’t feeling well and went to

The hospital during Covid. The doctors refused to see him until he was cleared from having Covid. He died the first night he was there without seeing anyone. I feel as though he never had a chance to survive. Is there any legal action I can take?

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2024

I'm very sorry for the loss of your father. Unfortunately, admissions and other activities involving hospitals during the height of the pandemic became unraveled in some ways. The standard applied would be whether there was a departure from an acceptable standard of medical care. Making that... View More

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1 Answer | Asked in Employment Law, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 31, 2024

Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.

2 Answers | Asked in Gaming and Internet Law for New Jersey on
Q: Can I gamble and play online poker(real money) in a public library on public internet in NJ, US?

I was considering playing online poker for real money, but I have a nosy family member that is spying on my internet connection at home. Can I play on my laptop at a local library and on their internet? I'm not sure if this is legal, since there could be minors in the public area and this is... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

Computers set up for the public, as in libraries or employment offices, generally have limitations on their uses. That could mean prohibiting their use for activities other than general and educational purposes. You would need to read the library's usage terms for more definitive guidance. Good luck

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Does a provision in a PSA requiring me to pay “permanent alimony” for the rest of my life invalidated by statute?

The statute, 2A:34-23b, enacted prior to the PSA replaced “permanent alimony” - the outmoded term used in the PSA - with “open durational alimony,” along with various equitable factors to be considered in determining alimony.

Richard Diamond
Richard Diamond
answered on Aug 30, 2024

In September of 2014, the alimony statute in NJ was changed to delete the word "permanent" and replace it with the words "open durational", so I start off with the presumption that the statute controls as to termination events as long as the language in your agreement does not... View More

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got pulled over and was told I had warrant out for an unpaid traffic ticket from 11 years ago how do I clear it up?
Toshinori Isoai
Toshinori Isoai
answered on Aug 30, 2024

Given that you were pulled over and informed of the outstanding warrant (by a cop), it's presumed that you were arrested and posted a bond when released. You will want to contact the local court (most likely a municipal court if NJ) for a new court date. You WILL need to take care of this... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was charged with simple assault, is it better for the victim to be there to ask for the case to be dismissed?

I was charged with simple assault and today is the arraignment, the complaint was made by the state not the victim. The even issued a warrant out for my arrest and I was incarcerated because of this, I’ve talked to some lawyers and they told me to plead not guilty, but would it make a difference... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 28, 2024

The answer is it depends on the court, prosecutor and judge you are dealing with some, Don't care what the victim wants and just want to protect the victim from possible future problems. Otherwise especially in more of the city courts tend to be more liberal and will follow the victims... View More

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: After filing for divorce my spouse is countersuing for a home which has been gifted to me in another country

Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties

Richard Diamond
Richard Diamond
answered on Sep 9, 2024

When a party to a divorce claim that an asset is immune from distribution, it is his / her burden to prove its immunity. You cannot simply say that I got this asset as a gift or I got this asset from an inheritance and therefore she has no claim to share in it. You have to provide a complete... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: After filing for divorce my spouse is countersuing for a home which has been gifted to me in another country

Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2024

You need to have a consultation with an experienced matrimonial attorney to review the documents and situation in detail and let you know what your options are. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More

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2 Answers | Asked in Personal Injury, Civil Rights and Landlord - Tenant for New Jersey on
Q: can I sue my roommate for emotional distress?

m

Robert D. Novicke
Robert D. Novicke
answered on Aug 23, 2024

An individual can file an emotional distress claim if they are able to show the elements of the claim. Namely:

1. First, the plaintiff must prove that the defendant acted intentionally or recklessly.

2. Second, the defendant’s conduct must be extreme and outrageous.

3....
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2 Answers | Asked in Civil Litigation for New Jersey on
Q: Whats the chance a judge accepts a adjournment after an 11 month case i was self representing and now obtained a lawyer
Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

In New Jersey, whether a judge grants an adjournment depends on several factors, including the stage of the case, the reasons for the adjournment, and the potential impact on both parties. Under New Jersey Court Rule 4:36-3(b), requests for adjournments should be made as soon as the need arises and... View More

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2 Answers | Asked in Bankruptcy, Collections, Estate Planning and Probate for New Jersey on
Q: If a deceased person has credit card debt, is it the responsibility of the executor to pay those cards?
Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More

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1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

I'm sorry about your wife's diagnosis. Although this issue is recognized by the CDC and other health agencies, there are probably not many law firms that practice in the field. There are firms handling respiratory lawsuits involving lung cancer, asbestosis, mesothelioma - but those firms... View More

2 Answers | Asked in Intellectual Property for New Jersey on
Q: Can i sell replica clothing without selling them as authentic?

For instance I buy a designer brand from china and I sell it not as authentic but also a rep with also a cheaper price than the authentic version. Is that legal?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2024

NO! Unless you want to have more legal problems than you can possibly imagine. The owners of the intellectual property will eventually file a lawsuit against you. It is just a matter of time but it is a virtual certainty. Pick the best attorney you can find and remember one rule: a good attorney... View More

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